Ge v R [2019] NSWCCA 41

Ge v R [2019] NSWCCA 41

The sentencing judge’s failure to apply a discount for the utilitarian value of the guilty plea in a Commonwealth offence was an error, requiring the Court to resentence afresh and, taking all circumstances into account, a lesser sentence was warranted in law.

Jurisdiction
Australia
Judgment Date
01 March 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence, Resentencing
Outcome
Appeal allowed; sentence quashed and new sentence imposed.
Legal Topics
['importation of Commercial Quantity' 'utilitarian Value of Guilty Plea' 'sentencing Discretion' 'resentencing' 'foreign National Offenders']
['criminal Law'] ['importation of Commercial Quantity' 'utilitarian Value of Guilty Plea' 'sentencing Discretion' 'resentencing' 'foreign National Offenders']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Sentence, Resentencing

Legal Issues

  1. 1 ['Whether the sentencing judge erred in failing to take into account the utilitarian value of the guilty plea under s 16A(2)(g) of the Crimes Act (Cth)' "Whether the sentencing judge failed to consider more onerous custody on account of applicant's foreign nationality" 'Whether the sentence was manifestly excessive']

Ratio Decidendi

The sentencing judge’s failure to apply a discount for the utilitarian value of the guilty plea in a Commonwealth offence was an error, requiring the Court to resentence afresh and, taking all circumstances into account, a lesser sentence was warranted in law.

Court Disposition

Appeal allowed; sentence quashed and new sentence imposed.

Orders

  • ['Leave to appeal granted.' 'The original sentence imposed by Acting Judge Delaney in the District Court on 25 September 2017 is quashed.' 'In substitution, the applicant is sentenced to a head sentence of 6 years 4 months, with a non-parole period of 3 years 6 months, each commencing on 24 August 2016, with the...